Legal Opinion

Eshleman v. Bolenius

Pennsylvania Court of Common Pleas, Lancaster County

Decided October 5, 1891No. 26Published

No 26 July Term 1889, Sup. Ct.; court below, No. 37 June * Term 1890, C. P. On June 3, 1890, David G. Eshleman brought assumpsit against Robert M. Bolenius, filing a statement of claim averring in substance as follows : That letters of administration upon the estate of John H. Harman, late of Baltimore county, Md., deceased, were issued to Daniel M. Harman of said Baltimore county, on October 16, 1883, by the register of wills of Lancaster county, Pa.; that, on the same day,…

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No 26 July Term 1889, Sup. Ct.; court below, No. 37 June * Term 1890, C. P. On June 3, 1890, David G. Eshleman brought assumpsit against Robert M. Bolenius, filing a statement of claim averring in substance as follows : That letters of administration upon the estate of John H. Harman, late of Baltimore county, Md., deceased, were issued to Daniel M. Harman of said Baltimore county, on October 16, 1883, by the register of wills of Lancaster county, Pa.; that, on the same day, said Daniel M- Harman filed his bond with the said register, with David G. Eshleman, the plaintiff, and Robert M.…

1Opinion of the Court

Opinion,

Mb. Justice Gbeen :

The affidavit of defence contains a positive averment that the money received by the plaintiff for Daniel M. Harman, administrator, etc., was deposited by the plaintiff in Henderson’s. bank, and that he took therefor a certificate of deposit payable twelve months after date, with interest at four per cent. This certificate we held in Baer’s App., 127 Pa. 360, to be a loan not authorized by law, for which the administrator was personally liable. It seems now that Mr. Eshleman, who was attorney for the administrator, was also one of the sureties on his bond, and paid…

2Cases cited2 opinions

  1. Appeal of BaerSupreme Court of Pennsylvania · 1889
  2. Jeffers v. Gill ex rel. LewisSupreme Court of Pennsylvania · 1879

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